Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Immigration Law
How Much Procedure Is Needed For Agencies To Change “Novel” Regulatory Policies?, Ming Hsu Chen
How Much Procedure Is Needed For Agencies To Change “Novel” Regulatory Policies?, Ming Hsu Chen
Publications
The use of guidance documents in administrative law has long been controversial and considered to be one of the most challenging aspects of administrative law. When an agency uses a guidance document to change or make policy, it need not provide notice to the public or allow comment on the new rule; this makes changes easier and faster and less subject to judicial review. Under the Obama Administration, guidance documents were used to implement policy shifts in many areas of administrative law, including civil rights issues such as transgender inclusion and campus sexual harassment and immigration law issues such as …
Silence And The Second Wall, Ming H. Chen, Zachary New
Silence And The Second Wall, Ming H. Chen, Zachary New
Publications
The Trump administration has made its clarion call “build the wall.” From the start of the presidential campaign to the government shutdown to the declaration of a national emergency, he has made the wall the centerpiece of his immigration enforcement strategy. While the public attention has been riveted on these dramatic episodes at the southern border of the U.S., many more subtle challenges to legal migration have been introduced and implemented. Collectively, these constitute a second wall – one that is invisible to all but the few who have noticed it. This essay explores the distinctive challenges being posed to …
Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming H. Chen
Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming H. Chen
Chicago-Kent Law Review
The conventional wisdom, backed by legitimacy research, is that majority of people obey most of the laws, most of the time. This turns out to not be the case in a study of state and local participation in immigration law enforcement. In the five years following initiation of the Secure Communities program, through which the federal government requests that local law enforcement agencies hold immigrants beyond their scheduled release upon suspicion that they are removable, a significant and growing number of states and localities have declined to cooperate with federal immigration detainer requests—ultimately leading to the demise of the Secure …
Obama's Ruby Slippers: Enforcement Discretion In The Absence Of Immigration Reform, Lauren Gilbert
Obama's Ruby Slippers: Enforcement Discretion In The Absence Of Immigration Reform, Lauren Gilbert
West Virginia Law Review
This Article explores how Deferred Action for Childhood Arrivals (DACA) emerged both from thwarted efforts at immigration reform and the Supreme Court's highly anticipated decision in Arizona v. UnitedStates.' I ar- gue that DACA not only was adopted in response to repeated failed efforts to pass the DREAM Act; it was also promulgated in anticipation of a possible fa- vorable ruling by the Court on S.B. 1070. In Part I, I examine the current sepa- ration of powers crisis in immigration policy. I look at both the context in which DACA was adopted and at challenges to DACA in Court …